NARENDRA NAMA DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. P. K. Biswas, learned counsel for the petitioner. Also heard Mr. D. Sarkar, learned Public Prosecutor for the State.

(2.) THIS appeal has been preferred against the judgment dated 21. 1. 2000 passed by the learned Addl. Sessions Judge, West Tripura district in case No. S. T. 180 (W. T. /a) of 1996 whereby the two accused-appellants have been convicted under Sections 120 (B) and 302 IPC. On the basis of the said conviction, the two accused appellants have been sentenced to suffer rigorous imprisonment (RI) for life. A further sentence of fine of Rs. 5,000/- each has also been ordered in default of which, further RI for three months have been ordered.

(3.) THE case set up by the prosecution against the accused-appellants is that the deceased Chinu Debnath was married to one Brajendra, but she left her marital home because of torture by her husband and started to live with her father Nityananda Debnath. While residing with her father, she developed intimacy with the accused Narendra and eventually she eloped with Narendra along with her 3 years old child Balaram after removing Rs. 800/- from her father's Tea stall. Chinu and Narendra started living at R. K. Nagar as husband and wife. Then Narendra married Dhali Nama Das (Doli), the appellant No. 2 herein which led to torturing of the deceased Chinu Debnath by Narendra and Doli and Chinu was forced out of Narendra's house. On a complaint lodged by Chinu, a village Panchayat meeting was held on 12. 2. 95 and in the said Panchayat meeting, it was settled that Narendra will pay Rs. 1,000/- to deceased Chinu for construction of a hut and will also pay Rs. 200/- per month. On the night of 13. 2. 95, Narendra visited the deceased Chinu in her rented house and asked Chinu to meet the accused Narendra at Khayerpur Bus stop. On the morning of 14. 2. 95 also, Narendra met Chinu and on the same day Narendra and Chinu were seen in the Khayerpur Bus stop where Chinu was seen nicely dressed wearing a blue coloured sari by P. W. 3. Eventually, the dead body of Chinu was found on 15. 2. 95 as an unidentified dead body and was recovered from the jungles of Baramura on 16. 2. 95. In respect of discovery of the dead body, an ejahar on 16. 2. 95 was lodged by one Khokan Munda in the Champaknagar Outpost under Jirania Police Station to the effect that the informant, on the previous i. e. 15. 2. 95 at about 5'o clock, got information that one unknown married Bengali woman had committed suicide by hanging. The Police on the basis of the said information brought down the dead body and prepared the Inquest report at the place of occurrence. After taking photograph of the dead body and conducting post mortem, the Police cremated the dead body as an unidentified person. When the dead body of Chinu was identified through photograph and knowledge of her murder reached R. K. Nagar where the accused-appellants resided, the accused-appellant Narendra fled away along with the acquitted accused Sati Nama Das while the appellant No. 2 Doli apprehended by the co-villagers along with her bags and baggages as she was about to flee her home. Doli was handed over to the Police. Later on, Narendra was arrested along with the third accused Sati Nama Das on 8. 3. 95. Narendra and Doli made a statement before the Police accepting their guilt. The Police made recoveries on the basis of the said statement made by the two accused-appellants.